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FOR IMMEDIATE RELEASE
January 1, 2022

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Attorney General Steve Marshall Wins Injunction Against Biden Attempts to Mandate Vaccines Through Head Start Program

(MONTGOMERY)—Attorney General Steve Marshall announced another victory against President Joe Biden’s lawless vaccine mandates today as a federal court granted Alabama’s
motion for an injunction against Biden’s order that seeks to require Head Start program employees and volunteers to vaccinate against COVID and children as young as two-years-old to wear face masks nearly the entire time they are at preschool.

“Once again the federal executive branch has overstepped its legal authority to make laws and once again a federal court has agreed with the State of Alabama that such overreach is unconstitutional and should be stopped,” said Attorney General Marshall. “In a rare New Year’s Day order, the Western District Court of Louisiana enjoined the Biden administration from enforcing its vaccine mandate for Head Start workers and its mask mandate for toddlers. The order affects 24 states, including Alabama, which brought suit against the mandate. This victory will help ensure that numerous Head Start programs will continue to operate rather than have to fire teachers and cut back services to children. And this win will forestall the nonsensical and damaging practice of forcing masks on two-year-olds. ”

The court bluntly noted that the Biden administration’s unilateral attempt to impose this latest vaccine mandate without any legislative approval was more fitting a monarch than a president.

“The issue in this case is not whether individuals should take the COVID-19 vaccine, but whether federal agencies can mandate individuals to take a vaccine or be fired. In this Court’s opinion, the Executive branch has declared it has the authority to make laws through Federal agencies. A crossroad has clearly been reached in this country. If the Executive branch is allowed to usurp the power of the Legislative branch to make laws, then this country is no longer a democracy—it is a monarchy.

“This two-year pandemic has fatigued the entire country. However, this is not an excuse to forego the separation of powers. If the walls of separation fall, the system of checks and balances created by the founders of this country will be destroyed. In the words of Thomas Paine, ‘Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.’ Common Sense (1776).

“This issue will certainly be decided by a higher court than this one. This issue is important. The separation of powers has never been so thin.”

On December 21, Attorney General Marshall joined with Louisiana Attorney General Jeff Landry to challenge the Biden administration’s Head Start mandate, along with his colleagues from twenty-two other States. The federal court order can be read here.

[For link, click PDF icon at upper right]

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The primary duty of the Attorney General is to serve as legal counsel to Alabama's state agencies, departments, and officers. Our office is prohibited by law from providing private citizens with legal advice, representation, or opinions (Code of Alabama, 1975, Title 36, Chapter 15). The Attorney General's Office does not handle any domestic cases (example: child support, child custody, divorce, etc.) or probate matters (real estate, wills, property disputes, etc.). To obtain an attorney or legal aid referral, you may contact the Alabama State Bar Lawyer Referral Service at http://www.alabar.org or by calling 1-800-392-5660 .